Last Updated: March 14, 2012

Rumble Entertainment, Inc. (“Rumble”, or “we”) is a game publisher that delivers immersive and accessible social games (each a “Games”) on its site at www.rumblegames.com (“Rumble Site”) as well as, in our discretion, on a number of third party-platforms, including social networks (each a “Third Party Platform”). The services offered by Rumble encompass the Games, the Rumble Content (as defined below) and any associated services (the foregoing, collectively, the “Services”).

Please read the following terms and conditions (“Terms of Use”) carefully.  These Terms of Use govern your access to and use of the Services and set forth the legally binding terms for your use of the Services, whether or not you have registered as a Member (as defined below). Certain areas of the Services, and your access to or use of Rumble Content may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions.  If there is a conflict between these Terms of Use and terms and conditions posted for a specific area of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE, WHETHER OR NOT YOU HAVE REGISTERED AS A MEMBER.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

Modification

Rumble reserves the right, at its sole discretion, to modify, discontinue or terminate the Services, including any Games or portion thereof, whether on a global or individual basis, or to modify these Terms of Use, at any time and without prior notice.  If we modify these Terms of Use, we will post the amended Terms of Use on the Rumble Site or the Games. You may also be given additional notice, such as an e-mail message or messaging within the Services, of any changes. We will also update the “Last Updated Date” in these Terms of Use.  By continuing to access or use the Services after we have posted a modification to these Terms of Use or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use.  If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Services.

Eligibility and Rumble Account Registration

In order to play Games on the Rumble Site, you will need to register and become a “Member”. In order to do so, you can create an account on the Rumble Site (“Rumble Account”) or log in via a Third Party Platform (e.g., via Facebook Connect). For Games available on Third Party Platforms, you will just have to click on the Rumble application available on the applicable Third Party Platform (“Application”). Upon clicking on the Application, we will extract the information that you have provided to the Third Party Platform (such as, for instance, your “real” name and your user name, such as your Facebook ID) from the account that you have with such Third Party Platform).  You represent that the information in your Rumble Account or Third Party Platform’s account, and any other piece of information otherwise provided to us, is accurate, current and complete information, and agree to update it and keep it accurate, current and complete. Rumble reserves the right to suspend or terminate your Rumble Account or your access to the Services if any information provided to us proves to be inaccurate, not current or incomplete. Rumble reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights. If you are not a Member you may browse or use the parts of the Services that are not limited to Members only.

You are responsible for safeguarding your password.  You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Rumble Account or Third Party Platform’s account, whether or not you have authorized such activities or actions.  You will immediately notify Rumble of any unauthorized use of your accounts.

Use of the Services

Points and Virtual Goods

As part of the Services, you may have the opportunity to obtain points that can be used within the Games (“Points”), by purchasing such Points directly from Rumble or a Third Party Platform for “real world” money.  You acknowledge and agree that:
By purchasing Points you receive a limited, non-transferable, non-sublicenseable, revocable license to obtain certain virtual, in-Game digital items (“Virtual Goods”).
Points have no monetary value and may not be redeemed, other than to obtain Virtual Goods in accordance with these Terms of Use.  The existence of a particular offer of Virtual Goods is not a commitment by Rumble to maintain or continue to make these Virtual Goods available in the future.  The scope, variety, and type of Virtual Goods that you may obtain by using your Points can change at any time.
You have no property interest in any Points or Virtual Goods, which remain the exclusive property of Rumble subject only to your limited, non-transferable, revocable license to use such items for in-Game play subject to these Terms of Use.
You may not sell Points or Virtual Goods for “real” money, or exchange those items for value outside of the Game. Rumble does not recognize any such purported transfers of Points or Virtual Goods, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Games. Any attempt to do any of the foregoing is a material breach of these Terms of Use and will result in an automatic termination of your license to use Points and/or Virtual Goods.
Points and Virtual Goods are non-refundable, and are forfeited if your account is terminated or suspended in accordance with these Terms of Use, or if we discontinue the Games or the Services.
Rumble has the right to manage, regulate, control, modify and/or eliminate Points and Virtual Goods as appropriate in its sole discretion, and shall have no liability to you or anyone for the exercise of such rights.
If you buy Points from a Third Party Platform, you agree to comply with any additional terms and conditions set forth by the Third Party Platform.

Ownership

The Services’ components (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information) are protected by copyright, trademark and other laws of the United States (“Rumble Content”). Except as expressly provided in these Terms of Use, Rumble and its licensors exclusively own all right, title and interest in and to the Rumble Content, including all associated intellectual property rights.  You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Rumble Content.

Rumble Content License

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Rumble policy, Rumble grants you a non-exclusive, non-transferable, revocable limited license to access and use the Services for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.

License Limitations

Any use of the Services in violation of these limitations is strictly prohibited, can result in the immediate revocation of your limited license granted in these Terms of Use, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY GAME IS A VIOLATION OF THESE TERMS OF USE AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

You agree not to do any of the following:

Rumble will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security issues with respect to the Services, to the fullest extent of the law.  Rumble may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Rumble has no obligation to monitor your access to or use of the Services or to review or edit any User Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.  Rumble reserves the right, at any time and without prior notice, to remove or disable any User Content (as defined below) or other content that Rumble, in its sole discretion, believes that to be in violation of these Terms of Use.

User Content

"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through the Services, or that other users upload or transmit, including without limitation any chat text. By making available any User Content through the Services, you hereby grant to Rumble a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content through the Services or any other media, whether existing now or developed in the future.  Rumble does not claim any ownership rights in any such User Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services.  Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Rumble the rights in such User Content, as contemplated under these Terms of Use; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Rumble’s use of the User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Copyrighted Materials: No Infringing Use.

You will not use the Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party.  Rumble has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. 

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Rumble Site and Services (“Feedback”).  You may submit Feedback by contacting us at support.rumblegames.com. You hereby grant to Rumble a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use the Feedback in connection with the Services and any other media, whether existing now or developed in the future. 

Interactions between Users

You are solely responsible for your interactions (including any disputes) with other Rumble users. You understand that Rumble does not in any way screen Rumble users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Services and disclosing personal information to other Rumble users. You agree to take reasonable precautions in all interactions with other Rumble users, particularly if you decide to meet a Rumble user offline, or in person.  Your use of the Services is at your sole risk and discretion and Rumble hereby disclaims any and all liability to you or any third party relating thereto. Rumble reserves the right to contact any Rumble users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Use.  You will cooperate fully with Rumble to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized Rumble representatives access to any password-protected portions of your Rumble Account.

Sweepstakes and Contests

Rumble may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Services.  You should carefully review the rules of each Promotion in which you participate, as they may contain additional important information about Rumble rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion.  To the extent that the terms and conditions of Promotions conflict with these Terms of Use, the terms and conditions of the Promotions will control.

Third Party Advertising; Links to Third Party Sites

You understand that the Services may feature advertisements from Rumble or third parties. Rumble's disclosure of information for third party advertising is addressed in Rumble’s Privacy Policy. Rumble may provide links on the Services to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Services and/or upgrades (such as in-game currency). Any charges or obligations you incur in your dealings with these third parties are your responsibility. Rumble makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Services, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Rumble and may collect data or solicit personal information from you. Rumble is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Rumble of these linked sites.

Termination and Rumble Account Suspension or Cancellation

Without limiting other remedies, Rumble may at any time suspend or terminate your Rumble Account and/or refuse to provide access to the Services. In addition, Rumble may notify authorities or take any actions it deems appropriate, without notice to you, if Rumble suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms of Use or any policies or rules established by Rumble; or (ii) engaged in actions relating to or in the course of using the Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, any Members or other users or third parties, or Rumble and its agents. You may terminate your access to the Services by deleting your account via the account setting page on the Rumble Site.

You understand and acknowledge that upon termination we will have no further obligation to provide the Services and all licenses and other rights granted to you by these Terms of Use will immediately cease. Rumble will not be liable to you or any third party for termination of the Services or termination of your use of either.  IMPORTANT!!!! UPON ANY TERMINATION OR SUSPENSION, YOUR POINTS AND/OR VIRTUAL GOODS, AS WELL AS ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED THROUGH THE SERVICES MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Rumble will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.   Any suspension, termination or cancellation will not affect your obligations to Rumble under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

Disclaimers

THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITING THE FOREGOING, RUMBLE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

RUMBLE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.  RUMBLE MAKES NO WARRANTY REGARDING THE QUALITY OF THE SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RUMBLE OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify, and hold Rumble, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your use of the Services, the User Content you submit to Rumble, or your violation of these Terms of Use.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU.  NEITHER RUMBLE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RUMBLE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.  YOU SPECIFICALLY ACKNOWLEDGE THAT RUMBLE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.  FURTHER, RUMBLE WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE RUMBLE SITE OR THROUGH THE SERVICES.

IN NO EVENT WILL RUMBLE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE RUMBLE SITE, SERVICES OR GAMES EXCEED ONE HUNDRED U.S. DOLLARS ($100).  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RUMBLE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. Any dispute, claim or controversy arising out of or related to this Agreement or the Pilot Program (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights or confidential information. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) and the place of arbitration shall be San Francisco, California. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST RUMBLE.

Miscellaneous

These Terms of Use constitute the entire and exclusive understanding and agreement between Rumble and you regarding the Services, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between Rumble and you regarding the Services. You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Rumble’s prior written consent.  Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. Rumble may freely assign these Terms of Use.  Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns. You consent to the use of: (i) electronic means to complete these Terms of Use and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms of Use or your use of the Services.  Any notices or other communications permitted or  required hereunder, including those regarding modifications to these Terms of Use, will be in writing and given: (a) by Rumble via email (in each case to the address that you provide) or (b) by posting to the Rumble Site.  For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. The failure of Rumble to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision.  The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Rumble.  Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise.  If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.

Contacting Us

If you have any questions about these Terms of Use, please contact Rumble at info@rumblegames.com.